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What happens if I miss Virginia’s statute of limitations for filing a medical malpractice claim?

Before you assume you have waited too long to file a medical malpractice claim, consult a Virginia plaintiff’s attorney. The date on which the usual two-year statute of limitations clock starts ticking is different for every case. Note, as well, that Virginia sets special statutes of limitations on medical malpractice claims on behalf of infants who suffer birth injuries and for children who are under 18 years of age when an alleged medical error occurs. Contact us for more information.

Depending on what happened to you, the date from which you needed to take legal action could be the day on which a medical error occurred, the day on which symptoms caused by a medical error became disabling or the day you learned a medical error harmed you. Additionally, the standard two-year medical malpractice statute of limitations can be extended to three years when the case involves a missed cancer diagnosis, an object left in your body following surgery, or fraud intended to cover up a medical error.

EJL

Richard N. Shapiro
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia